Planning disputes

Every planning and environment court and tribunal decision we track, matched to a council, in one table. Filter by state, posture or who won, search any party, court or keyword, sort any column, and click through to the council or the full public judgment.

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6,348 decisions on record across 372 councils. Showing the most recent 6,000. Outcome, development type and who won are read from each judgment by an LLM (5,355 analysed so far). Use the enriched view or the won-by filter to see only those; the rest are marked pending and fill in as analysis runs.

Court and tribunal judgments are checked daily. See coverage and live source health.

Showing 1–15 of 15

National planning disputes
								Catchwords
Rodney Duarte v Waverley Council [2022] NSWLEC 53	NSW	Waverley Council	NSWLEC	Dismissed	Other	Council	9 May 2022	PROCEDURE: application for expedition – application for injunctive relief – application for removal of indoor ducted air conditioning unit – application for dismissal – legal principles – failure to join all necessary parties to the proceedings – no jurisdiction to determine claims – no reasonable causes of action disclosed – expedition refused – proceedings dismissed.
Whitfield v Waverley Council [2015] NSWLEC 207	NSW	Waverley Council	NSWLEC	Granted	Subdivision	Applicant	10 Dec 2015	SUBDIVISION – creation of two units from one – the separation – acoustic impacts – separation of electricity supply
SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65	NSW	Waverley Council	NSWLEC	Dismissed	Mixed use	Council	24 Apr 2015	APPEAL: appeal against
Waverley Council v Walsh [2014] NSWLEC 195	NSW	Waverley Council	NSWLEC	Upheld	Single dwelling	Council	19 Dec 2014	CIVIL ENFORCEMENT - failure to comply with a s 121B order issued under the Environmental Planning and Assessment Act 1979 - dilapidated house - risk to human safety - declaratory and remediation orders made - legal costs and repair expenses awarded.
Goldberg v Waverley Council [2008] NSWLEC 49	NSW	Waverley Council	NSWLEC	Granted	Subdivision	Applicant	3 Mar 2008	Development Application :- subdivision into two allotments - engineering feasibility of development - visual impact - vehicle and pedestrian access - permissibility of purpose - unlikely to significantly affect the environment - limited visibility for vehicles and pedestrians - public safety
Notaras v Waverley Council & Anor [2007] NSWCA 333	NSW	Waverley Council	NSWCA	Dismissed	—	Council	26 Nov 2007	BUILDING CONTROL AND TOWN PLANNING – Environmental planning instruments – Whether Development Control Plans binding on Council - BUILDING CONTROL AND TOWN PLANNING – Consent and approval of councils – Whether Council decision to allow development which exceeds restrictions in Development Control Plans is Wednesbury unreasonable - PRACTICE AND PROCEDURE – Submissions – Where limited leave granted to submit further submissions on certain points after
Goldberg v Waverley Council [2007] NSWLEC 259	NSW	Waverley Council	NSWLEC	Other	—	—	25 May 2007	Jurisdiction :- whether under s 39(2) Land and Environment Court Act 1979 the Court, for the purposes of hearing and disposing of an appeal from a council development refusal, has council’s functions and discretions as roads authority to grant consent for roadwork under s138 Roads Act 1993 and (in relation to that consent) as determining authority under Part 5 Environmental Planning and Assessment Act 1979
Waverley Council v Ferreira [2005] NSWCA 418	NSW	Waverley Council	NSWCA	—	—	—	1 Dec 2005	NEGLIGENCE - liability of Council as occupier - claim for mental trauma - death of child occurring in park managed by Council - discussion of factors set out in s 5B of Civil Liability Act 2002 (NSW) - Council's breaches of duty. - NEGLIGENCE - contributory negligence - whether child aged 12 could perceive the relevant risk - s 5R of the Civil Liability Act 2002 (NSW). D
Waverley Council v Boris Meck [2005] NSWLEC 655	NSW	Waverley Council	NSWLEC	Upheld	Dual occupancy	Council	20 Sept 2005	Development Consent :- Carrying out development without consent - Existing development consent for an attached dual-occupancy development – Additional work undertaken without approval – Plea of guilty – Mitigating factors
Segal & Anor v Waverley Council [2005] NSWCA 310	NSW	Waverley Council	NSWCA	—	—	—	15 Sept 2005	ENVIRONMENT AND PLANNING -
Molnar v Waverley Council [2005] NSWLEC 308	NSW	Waverley Council	NSWLEC	Costs	—	Mixed	9 June 2005	Costs :- Fair and reasonable costs Application for concurrence by Chief Judge of a Commissioner's costs determination
C M Hairis Architects v Waverley Council [2003] NSWLEC 404	NSW	Waverley Council	NSWLEC	Dismissed	Subdivision	Applicant	19 Dec 2003	Appeal :- Section 56A of the Land and Environment Court Act (1979) Whether errors of law disclosed in the Commissioner's
Trustees of the Christian Brothers (Waverley College) v Waverley Council [2003] NSWLEC 176	NSW	Waverley Council	NSWLEC	Interlocutory	Education	Applicant	15 July 2003	Appeal :- review of Registrar's decision - not fully appraised of circumstances to vacate
WAVERLEY MUNICIPAL COUNCIL v SWAIN [2003] NSWCA 61	NSW	Waverley Council	NSWCA	—	—	—	3 Apr 2003	TORTS - Negligence - Jury trial - Whether verdict against the evidence and against the weight of the evidence - Whether no evidence capable of sustaining verdict - TORTS - Negligence - Liability of statutory authority - Breach of duty of care by failure to erect warning signs and positioning of flags on beach - Where swimmer dived under wave and hit submerged sandbar
Waverley Municipal Council v Cheowiry [2003] NSWCA 12	NSW	Waverley Council	NSWCA	—	—	—	5 Feb 2003	Leave to appeal - extension of time - applicant stated would not appeal, then changed its mind - unsatisfactory reason for change of mind - refusing application would not cause injustice to applicant - extension of time refused.